diving without an MOT

[k8bailey]

Do the police have a certain amount of time to issue a penalty notice for driving without an MOT?

[hc4361]

Time since when?

Since the MOT expired or from when the police were aware it was on the road?

[k8bailey]

Sorry didn't explain that v.well. My partner was involved in a car accident on 4th December police attended and told him his MOT had expired 3weeks earlier. The police weren't really interested at the time because the accident was not my partners fault, they said he would receive a fixed penalty through the post but he still hasn't heard anything. Just wondered if the police had a certain amount of time to follow these things up?

[oracle39]

Pretty sure there is not a time limit.They would still be investigating. It could be argued your partner was not without fault as the vehicle should not have been on the road without an MOT. Lack of MOT can invalidate the insurance, driving without insurance technically could be loads of points maybe bann. Check the insurance!!!

[k8bailey]

the insurance co. didn't care either they paid out within a week! I was really surprised as i thought it invalidated insurance too. The police aren't investigating the accident they put it down to icy conditions.

[New Judge]

I and many others have explained many times that driving with no MoT does not invalidate the Third Party insurance cover needed for Road Traffic Act purposes.

The police have six months from the date of the alleged offence to launch a prosecution. If they offer you a fixed penalty you can decline the offer and opt for a court appearance. The fixed penalty offer must be responded to within 28 days so it must be made to give you time to decline it and for the prosecution to be started. So realistically about four months from the date of the incident.

In practice they tend to arrive either much sooner than that or not at all.

[k8bailey]

thanks New Judge, that's exactly what i wanted to know.

[twix123]

I trust that your partner has since got an MOT for his car?

[k8bailey]

lol, well that van was an insurance write off, but the new one will definitely be kept up to date! :)

[flip_flop]

To add to the comments from New Judge, the lack of an MOT does not affect the contractual relationship between insured/insurer and therefore in an accident the damage to the un-MOT'd car (if comprehensively insured) will be covered.